Explore The NRA Universe Of Websites

APPEARS IN News

The Judiciary’s Role in Fundamental Transformation

Monday, December 1, 2014

The Judiciary’s Role in Fundamental Transformation

On Nov. 21, 2013, on a near party-line vote, the Democratic-controlled United States Senate eliminated the possibility of a filibuster on confirmation votes for many federal appointments. The new rule allows nominations for most executive positions and all lower court federal judgeships to move forward in the Senate with a simple majority vote rather than the 60 votes needed to end a filibustered nomination. Although he opposed an identical proposal to change the Senate rules in 2005, President Obama was quick to take advantage of the new rule, now that it could be used to his benefit. In a little more than a year since this rule change, its effect on the federal judiciary has been significant. Nine of the 13 federal courts of appeal now have a majority of judges who were appointed by anti-gun presidents.

While a president’s party affiliation is not necessarily determinative of how his judicial appointees will decide cases, Jimmy Carter, Bill Clinton and Barack Obama were behind all the Democrat appointments of currently active federal judges. These presidents are no friends of the Second Amendment, and Clinton and Obama in particular adamantly pursue gun control. To assume this agenda wouldn’t influence their judicial appointments is dangerously naïve.

Many gun owners understand the importance of appointing Supreme Court justices who will faithfully interpret the Constitution, but the importance of lower court appointments, especially to the federal circuit courts of appeal, is often overlooked. Because of the sheer number of federal cases, lower court decisions often set the tone of constitutional debates and establish the rules under which people live for years. Lower federal courts have decided cases on important issues from whether the right to bear arms applies outside the home to the scope of protections provided by federal interstate transportation of firearm laws. The total list of gun-law issues currently pending before lower courts is too long to list here, but these examples illustrate the importance of keeping anti-gun partisans off the bench.

The Supreme Court itself illustrates how a president’s viewpoint can resonate through his judicial picks. In 2010, Justice Sonia Sotomayor joined the dissent in the landmark McDonald case, arguing that there is no constitutional right to own a firearm. And earlier this year, Justice Elena Kagan wrote an opinion affirming the conviction of a former police officer for buying a firearm for his uncle, even though both men successfully passed background checks before receiving the firearm. Opinions such as these from the high court only serve to embolden anti-gun judges throughout the federal judiciary.

Federal judges often serve as a legacy for the presidents who appoint them and the senators who confirm them. A federal judgeship is essentially an appointment for life, subject only to impeachment by Congress. Judges often remain on the bench for decades after the presidents who appointed them have left office. As an example of how long this can be, several judges who were appointed by President Kennedy remain in the federal judiciary on senior status (i.e., in a semi-retired role). These judges illustrate that it’s entirely possible for a president to have an impact on the legal landscape for more than a half-century.

As Sen. Charles E. Schumer, D-N.Y., told the New York Times earlier this year, the filling of judicial vacancies “will affect America for a generation, long after the internecine battles on legislative issues are forgotten.” One of those “internecine battles” that Schumer was likely referring to was his failed attempt to pass a number of expansive gun control measures out of the Senate last year. He clearly sees the recent spike in appointments—thanks largely to the elimination of the filibuster he supported—as a backdoor opportunity to shape our nation’s gun laws in a way that he has been unable to accomplish through legislation. Anti-gun Sen. Richard Blumenthal, D-Conn., went even further, commenting on “the need to have people there that are of an ideological like mind.”

The midterm elections have now been decided, but the struggle for freedom continues. The appointment of judges can, as much as anything, contribute to President Obama’s stated goal of “fundamentally transforming the United States of America.”  This is yet another reason gun owners must stay informed, alert and involved. Now, more than ever, your NRA is here to help you understand where the battle for freedom will be joined.

IN THIS ARTICLE
Chris W. Cox
TRENDING NOW
Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

News  

Monday, July 6, 2026

Virginia Anti-gun Lawmakers Delay “Assault Firearm” Carry and Transportation Restriction

Virginia Governor Abigail Spanberger (D) and the General Assembly’s ruling anti-gun majority have delayed the enactment of one of their most controversial pieces of legislation, a severe restriction on Virginians’ ability to move about the ...

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

News  

Thursday, July 2, 2026

As the Court Decisions Roll In, Have Gun Controllers Finally Overplayed Their Hand?

The final week of June brought a flurry of legal action on various gun control laws in the states.

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

Wednesday, July 8, 2026

Judge Rules Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans Secured by NRA Applies Statewide

In the NRA’s challenge to Virginia’s “assault firearm” and magazine bans, Santolla v. Katz, Judge Jeffrey L. Campbell of the Washington County Circuit Court issued a letter opinion yesterday making clear that the preliminary injunction ...

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Wednesday, July 1, 2026

SCOTUS Agrees to Hear Challenges to “Assault Weapon” Bans

Today, the United States Supreme Court granted certiorari in two cases challenging bans on “assault weapons.”

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

News  

Thursday, July 2, 2026

Promises Made, Promises Kept: DOJ Keeps Up Second Amendment Offense

We are not getting tired of heaping praise upon Harmeet Dhillon, Assistant Attorney General for the Civil Rights Division of the Department of Justice (DOJ), as she continues to push the envelope when it comes ...

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

Monday, June 29, 2026

NRA Secures Statewide Preliminary Injunction Against Virginia “Assault Firearm” and Magazine Bans

In a major victory for the right to keep and bear arms, the Washington Circuit Court today granted a statewide preliminary injunction preventing enforcement of Virginia’s newly enacted “assault firearm” and magazine bans, finding that ...

NRA Files Lawsuit Challenging Illinois’s Waiting Period Requirement for Firearm Purchases

Wednesday, July 8, 2026

NRA Files Lawsuit Challenging Illinois’s Waiting Period Requirement for Firearm Purchases

The National Rifle Association filed a lawsuit challenging Illinois’s 72-hour waiting period requirement for firearm purchases.

California: Anti-Gun Bills Advance as Legislature Breaks for Summer Recess

Thursday, July 2, 2026

California: Anti-Gun Bills Advance as Legislature Breaks for Summer Recess

The California Legislature will adjourn today, July 2nd, for its summer recess, but the fight to protect your Second Amendment rights is far from over. Several anti-gun bills have advanced through the legislative process and ...

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

News  

Monday, June 29, 2026

Florida Court: Young Adult Carry Ban Reduces the Second Amendment to a “Second-Class Right”

A recent court decision adds Florida to the list of some 14 constitutional (“permitless”) carry states in which adults under the age of 21 may legally carry firearms. 

Grassroots Spotlight: GunCon 2026

Take Action  

Monday, July 6, 2026

Grassroots Spotlight: GunCon 2026

“GunCon 2026” brought gun owners, content creators, activists, and leaders from gun rights organizations together in Niles, Ohio, for a lively convention focused on community, conversation, and connection.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.